The Israeli Occupation forces handed out residents of Beit Jala city a new military order numbered (01/06/T) and declaring the confiscation of 9 dunums of land for the construction of the Segregation Wall in Beit Jala city. This Wall section is situated in Shomaâ??s area, block number 28049, parcels 125-129,116-120,109-112,102,100,92,91,89,88,83-84,80,79,77,59,57,53,41,38,140,136-137,134,130. The reason behind this confiscation declaration, as stated in the military order, is to protect the tunnel's Road. See Map of military order
The military order which was issued on Sunday the 29th of January 2006, was only tossed to residents of Beit Jala few days ago, entitling them no time to file an objection against the confiscation order which is usually ten-days period of time from the issuance date of the military order. The wall section, as appeared in the map, will be constructed on both sides of the Tunnel road (Road # 60). See copy and translation of the military order.
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Military Order Translation Israel Defense Forces Order to Seize lands # 01/06/T
According to my jurisdictions as a Military Chief Commander in the Region of Judea and Samaria, and as I believe that it is imperative for military purposes, I order the following:
Key Terms
1. With regard to:
''Map''– Map drawing scale of 1/ 10,000 signed by my self and considered inseparable part of the order at hand.
The Lands
An area of land size of 9 Dunums marked in red in the map illustrating Beit Jala's land.
Beit Jala (Shomeh Block)
Bloc 28049: parcels 129,125,116-120,109-112,102,100,92,91,89,88,83-84,80,79,77,59,57,53,41,38,140, 136-137, 134, 130
Land Seize
2. I declare that the above-mentioned lands seized for military purposes, to protect the Tunnel's Road.
Possession
3. The Israeli Defense Army declares absolute possession of stated lands and authorizes it to the land officer at the central command headquarters under the Ministry of Defense.
Cancellation of Absolute Possession
4. The declaration of Absolute Possession stated in Military Order numbered 04/57/T on May 23, 2004 is cancelled.
Issuance
5. Copies of the order at hand are to be delivered to the District Coordination Office (DCO) in Bethlehem who will in its turn pass the order on to the landowners.
Allocation
6 (A)-1: All means to notify the Landowners of the land seizure; either through the District Coordination Office (DCO) in Bethlehem or other mean is considered valid.
6 (A)-2: A tour/ meeting will be arranged through the District Coordination Office (DCO) in Bethlehem to tour the designated land.
6 (B) Copies of the order at hand along with the attached map are to be located at the following places for public reference:
6 (C) a copy of the military and a map are hanged on the Ads board of District Coordination Office (DCO) in Bethlehem for 10 days from the issuance of the military order, as mentioned in Allocation 5(A)
To File an Objection
7. land owner are entitled to file an objection regarding the seizure order to the legal counselor throughthe District Coordination Office (DCO) in Bethlehem within 7 days of the tour (5 (A)-2).
Compensation Inquiries
8. For inquiries regarding compensations, the landowners are to contact the District Coordination Office (DCO) in Bethlehem.
Order Effect
9. The order will go in effect at the time of its signing to December 31, 2005
Identify
10. The order at hand will be identified as ''Land Seize Order # 04/57/T (Judea and Samaria) 2004-5764''.
Ya'er Neve Chief Commander of the Israel Defense Forces in Judea & Samaria
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The parcels mentioned in the military order belong to Palestinian families from Beit Jala city and are listed in table 1 below
Table 1: Palestinian families' lands affected by the Military order
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Block 28049 |
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Name |
Parcel # |
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Hanna Jacob Qiesieh |
129 |
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Robert Jacob Abu 'Eid |
125 |
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Esbiro Al Hathwe |
116 |
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George Issa Al Hathwe and his brothers |
120 |
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Ayed Bishara abu Awad |
109 |
|
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Nuha Sulaiman Issa Kablinian and her partner |
11 |
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Ahmad Hammad Yousif Hamareh and his brothers |
101 |
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Jacob Saleem Abu 'Amsha |
100 |
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Beit Jala Municipality |
92 |
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Esbeer Mussallam Al Hathwe |
91 |
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Shibli Salameh Rezeqallah |
89 |
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Na'im Nicola Khamis . |
81 |
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Jacob Saleem Abu 'Amsha |
81 |
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Na'im Nicola Khamis . |
80 |
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Jeries Abdullah Awad Shaqruba |
80 |
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Jacob Saleem Abu 'Amsha |
79 |
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Hanna Issa Abu Shaybe and his brothers. |
77 |
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Jeries Elias Zreneh |
59 |
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Hanna Naser Zreneh |
59 |
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Abdullah Issa Khamashta |
59 |
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George Awad Abu Awad |
59 |
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Khalilieh Family |
59 |
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Esbiro Mussallam Al Hathwe |
117 |
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Inheritants of Daoud Jeries Shaheen |
118 |
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Elias Jeries Al Hathwe and his brothers |
119 |
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Emil George Ayyoub and his Brother Fareed |
110 |
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Laila Awad Mitri Ghneim. |
111 |
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Jabra Saleem Rezeqallah |
57 |
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Beit Jala Municipality |
53 |
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Anton Elias Abu Shawriya |
41 |
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Jeries Jabra Al Hathwe and his Brother Anton |
38 |
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Jeries Abdullah Awad Shaqruba |
140 |
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Inheritants of Farah Jeries Makhlouf |
136 |
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Inheritants of Farah Jeries Makhlouf |
137 |
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Jacob Saleem Abu 'Amsha |
134 |
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Emil George Ayyoub and his brother Farid |
13 |
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Not only will this military order confiscate 9 dunums of land but it will cause the isolation of the Palestinian urban community situated close to the tunnel's road from their extensions located to the north and northeast of the houses. The lands are planted with hundreds of Olive trees and are considered as a source of income to most of the Families. See Pictures and map of military order.
A sequence of changes in wall sections
The new military order (01/06/T), is a substitution to earlier military orders distributed to residents of Beit Jala during the year 2004 and which stated the confiscation of Palestinian lands for the construction of the wall. The military orders hold numbers (04/32/T) and (04/57/T).
Military order number (04/32/T) was issued on April 19, 2004 and stated the seizure of 175.6 dunums of Beit Jala city and Al Walajeh village lands for the construction of six separate wall sections which part of it, two sections, will be built on each side of the Tunnel's Road. The analysis conducted by the GIS Unit (Geographical information system) at the Applied Research Institute that time showed that the actual area that was about to be confiscated for the wall path was 345 dunums and will totally cut off both Beit Jala and Al Walajeh form 3040 dunums of lands (land extensions) which constitute the most fertile lands that cultivated with Olive, Apricot and other fruitful trees. See copy of the military below.
Affected Palestinians objected the military order because it confiscated vast areas of their lands which are considered to most of them as a main source of living. Objections were sent to the DCO (District Coordination Office) in Bethlehem through Beit Jala Municipality and Al Walaja village council.
No changes were made that time from the Israeli side, but rather, another military order was tossed to residents of Beit Jala on June 2 of the same year (2004), holding number (04/57/T) and declaring the Israeli armyâ??s decision to confiscate another 11.8 dunums of lands situated in Block number 28049, parcels 134, 129-130, 109-117, 106, 90-92 for the construction of the Segregation Wall. The lands also belonged to Palestinian families from Beit Jala, they are listed in table 2 below
Table 2: Palestinian Families affected by Military order (04/57/T)
| No |
Family Names |
| 1 |
Nassar Khamis |
| 2 |
Laila Ghneim |
| 3 |
Saliba Abu Awad |
| 4 |
Imad Nassar |
| 5 |
Thabet Khamis |
The order was issued on May 19, 2004 but was also tossed late to residents as to give them no time to object the order. See copy of the military order below and its translation in Annex 1.
This order, as shown in the maps, was an addition to the military order Numbered (04/32/T) which stated the addition of another section of the wall as to attach it with the outlet of one end of the north-western tunnel located along bypass Road # 60 and shown in military order (04/32/T). Although tossed late, but families of Beit Jala city filed an objection against the construction of the wall to the District Coordination Office in Bethlehem due to the vast areas of lands that this order and the previous one will confiscate and isolate.
Status of (04/32/T) and (04/57/T) military orders
Due to objections filed by Palestinians of Beit Jala city against the construction of the wall on their lands, the Israeli army issued an amendment on 7 November 2005 to earlier issued military orders number (04/32/T) and (04/57/T). The amendment indicated the cancellation of wall sections suggested in the original orders (04/32/T) and (04/57/T), in the vicinity of the tunnel's opening, in addition to a modification at a Wall section located at the town's northwest lands. See copy of amendment.
The issuance of military order (01/06/T) came as a recovery to what has been previously planned for by the Israeli Government but not implemented due to Palestinians objections. The order again gives the green line for the Israeli army to go on with the wall activities in Beit Jala city in particular and Bethlehem Governorate in general as part of the 'Jerusalem Envelope' Plan which is expected to extend 190 km around Jerusalem city. See map of the Jerusalem Envelope
'The Tunnel's Road"
The 'Tunnel's road' bypasses Bethlehem Governorate from the west and separates the western rural areas from the main urban areas. It was constructed following the Oslo II Accords of 1995 and is only used by Israeli residents, Israeli forces, foreigners, and Palestinians who hold valid permits issued by the District Coordination Office in Bethlehem.
The Tunnel's Road's Structure
The Tunnel Road has a double construction; stretching from the western areas of Bethlehem, heading towards Beit Jala Lands and penetrating through as a high bridge reinforced by huge concrete rectangular rams and crossing over the Olive cultivated lands of Beit Jala residents; it then submerge into a tunnel that continues to penetrate more of Beit Jala city lands towards Jerusalem. See Photo
The road connects the Gush Etzion Settlements and continues north, bypassing the city of Bethlehem and Beit Jala, linking the Gush Etzion bloc of settlements with Gilo settlement in the northwest and Har Homa settlement in the northeast and with settlements inside Jerusalem.
Limiting the access of Palestinians on the Tunnel's Road
On December 15, 2005, the Israeli forces distributed a new military order (Order Regarding Closed Zones, Judea and Samaria, No. 34, 5727-1967) that forbids Palestinians holding permits from entering Israel via the same roads (Bypass roads) that Israelis use, and Israelis, according to the military order, are not allowed to transport Palestinians holding valid permits to Israel, but access to Jerusalem should only be through the 11 Crossing terminals Israel is constructing or already constructed in the West Bank. The crossings, as stated in the military order, are: Gilo 300 in Bethlehem; Tarqumia crossing in Hebron; Sha'ar Ephraim in Tulkarem; Shu'fat refugee camp Crossing in Jerusalem, Metar Crossing Border, Hasidim Crossing Border, 'Atarot Crossing Border, Macabim Crossing Border, Iyal Crossing Border, Rihan Crossing Border and Hagalboa' Crossing Border. The military order was only put into effect during the first half of February 2006. See translation of the military order
The tunnel's road is among the bypass roads that Palestinians with valid permits were forbidden from using but with one exception made and that is only Palestinians who work with international organizations and own long term permits to enter Israel (permits for three months period or so) are allowed to use the tunnel's road. The Israeli defense ministry has warned all Israelis from violating the military order or else they will be punished according to the law of the right to return, See Annex 2.
Israel's colonial activities are against International Laws.
Israel, by constructing the Segregation Wall, is flagrantly violating all international humanitarian laws, specifically The Hague Regulations of 1907 and the Fourth Geneva Convention of 1949:
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The Hague Regulations expressly forbids an occupying power 'to destroy or seize the enemy's property, unless such destruction or seizure is imperatively demanded by the necessities of war' (Article 23).
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The appropriation and destruction of Palestinian land is an especially serious violation of the Fourth Geneva Convention, Article 147 which clearly prohibits, ''extensive destruction and appropriation of property, not justified by military necessity and carried out unlawfully and wantonly.'' Violations of Article 147 constitute grave breaches of the Convention and should be prosecuted as War Crimes.
The construction of the Wall also restricts the movement of Palestinians within the territory they live and consequently affects the exercise of other rights such as the right to work, the right to health, the right to an adequate standard of living, the right to protection of family life and the right to education, all set in the International Covenant on Economic, Social and Cultural Rights.
Article 6: The States Parties to the present Covenant recognize the right to work, which includes the right of everyone to the opportunity to gain his living by work which he freely chooses or accepts, and will take appropriate steps to safeguard this right.
Article 10: The widest possible protection and assistance should be accorded to the family, which is the natural and fundamental group unit of society, particularly for its establishment and while it is responsible for the care and education of dependent children. Marriage must be entered into with the free consent of the intending spouses.
Article 11: The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consent
Article 12: The States Parties to the present Covenant recognize the right of everyone to the enjoyment of the highest attainable standard of physical and mental health.
Article 13: The States Parties to the present Covenant recognize the right of everyone to education. They agree that education shall be directed to the full development of the human personality and the sense of its dignity, and shall strengthen the respect for human rights and fundamental freedoms.
Article 13 of the Universal Declaration of Human Rights and article 12 of the International Covenant on Civil and Political Rights also entail Israel to respect the right of Palestinians in the Occupied Territory to move freely from one place to another.
Article 13:
1. Everyone has the right to freedom of movement and residence within the borders of each State.
2. Everyone has the right to leave any country, including his own, and to return to his country.
Article 12:
1. Everyone lawfully within the territory of a State shall, within that territory, have the right to liberty of movement and freedom to choose his residence.
2. Everyone shall be free to leave any country, including his own.
3. The above-mentioned rights shall not be subject to any restrictions except those which are provided by law, are necessary to protect national security, public order (ordre public), public health or morals or the rights and freedoms of others, and are consistent with the other rights recognized in the present Covenant.
4. No one shall be arbitrarily deprived of the right to enter his own country.
References:
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'Restrictions on Movement.' The Israeli Information center for Human Rights in the Occupied Territories. 27 Feb. 2006 .
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'International Covenant on Economic, Social and Cultural Rights.' Office of the High Commissioner for Human Rights. 3 January 1976 .
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'International Covenant on Civil and Political Rights.' Office of the High Commissioner for Human Rights. 23 March 1976 .
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'Universal Declaration of Human Rights.' The General Assembly of the United Nations . 10 December 1948 .
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Beit Jala Municipality Database and statistics. Beit Jala Municipality. 20 February 2006 .
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'Law of Return 5710-1950.' Jewish Virtual Library. 10 March 1970 .
Annex 1
Translation of military order number (04/57/T)
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Military Order Translation Israel Defense Forces Order to Seize lands # 04/57/T
According to my jurisdictions as a Military Chief Commander in the Region of Judea and Samaria, and as I believe that it is imperative for military purposes, I order the following:
Key Terms
1. With regard to:
''Map''– Map drawing scale of 1/ 10,000 signed by my self and considered inseparable part of the order at hand.
The Lands
An area of land size of 11, 8 Dunums (250 meters length & 22-74 meters width) marked in red in the map illustrating Beit Jala's land.
Beit Jala (Shomeh Block)
Bloc 28049: parcels:134/ 129-130/ 109-117/ 106/ 90-92
Land Seize
2. I declare that the above-mentioned lands seized for military purposes.
Possession
3. The Israeli Defense Army declares absolute possession of stated lands and authorizes it to the land officer at the central command headquarters under the Ministry of Defense.
Issuance
4. Copies of the order at hand are to be delivered to the District Coordination Office (DCO) in Bethlehem who will in its turn pass the order on to the landowners.
Allocation
5 (A)-1: All means to notify the Landowners of the land seizure; either through the District Coordination Office (DCO) in Bethlehem or other mean is considered valid.
5 (A)-2: A tour/ meeting will be arranged through the District Coordination Office (DCO) in Bethlehem to tour the designated land.
5 (B) Copies of the order at hand along with the attached map are to be located at the following places for public reference:
To File an Objection
6. land owner are entitled to file an objection regarding the seizure order to the legal counselor throughthe District Coordination Office (DCO) in Bethlehem within 7 days of the tour (5 (A)-2).
Compensation Inquiries
7. For inquiries regarding compensations, the landowners are to contact the District Coordination Office (DCO) in Bethlehem.
Order Effect
8. The order will go in effect at the time of its signing to December 31, 2005
Identify
9. The order at hand will be identified as ''Land Seize Order # 04/57/T (Judea and Samaria) 2004-5764''.
Mosheh Kaplenski
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Annex 2: Law of Return
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Right of aliyah** |
1. Every Jew has the right to come to this country as an oleh**. |
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Oleh's visa |
2. (a) Aliyah shall be by oleh's visa. (b) An oleh's visa shall be granted to every Jew who has expressed his desire to settle in Israel, unless the Minister of Immigration is satisfied that the applicant (1) is engaged in an activity directed against the Jewish people; or (2) is likely to endanger public health or the security of the State. |
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Oleh's certificate |
3. (a) A Jew who has come to Israel and subsequent to his arrival has expressed his desire to settle in Israel may, while still in Israel, receive an oleh's certificate. (b) The restrictions specified in section 2(b) shall apply also to the grant of an oleh's certificate, but a person shall not be regarded as endangering public health on account of an illness contracted after his arrival in Israel. |
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Residents and persons born in this country |
4. Every Jew who has immigrated into this country before the coming into force of this Law, and every Jew who was born in this country, whether before or after the coming into force of this Law, shall be deemed to be a person who has come to this country as an oleh under this Law. |
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Implementation and regulations |
5. The Minister of Immigration is charged with the implementation of this Law and may make regulations as to any matter relating to such implementation and also as to the grant of oleh's visas and oleh's certificates to minors up to the age of 18 years. |
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DAVID BEN-GURION MOSHE SHAPIRA YOSEF SPRINZAK |
Prepared by:
The Applied Research Institute – Jerusalem
